Supreme Court Reviews Presidential Clemency Powers After Qisas and Diyat Laws

The Supreme Court's Shariat appellate bench on Monday sought legal assistance regarding the extent of the president’s and governors’ authority to grant pardons, remissions, or suspensions of sentences following the implementation of qisas and diyat laws.

The five-member bench, led by Justice Jamal Khan Mandokhail and including Justices Shahid Waheed, Irfan Saadat Khan, Dr Khalid Masood, and Dr Qibla Ayaz, convened to hear the federal government’s appeal. This appeal challenges a 1991 decision by the Federal Shariat Court (FSC) that addressed the compatibility of certain sections of the Criminal Procedure Code (CrPC) with Islamic injunctions.

According to reports, the 1991 FSC verdict declared Sections 401, 402, 402-A, and 402-B of the CrPC as inconsistent with Islamic law. The court held that these provisions gave the president and provincial governments broad and unconditional powers to remit or commute sentences, which, according to the FSC, were not subordinate to the principles of Shari’ah.

The original judgement was prompted by a petition from the late Habibul Wahab Alkhairi, who challenged the legal provisions that empower the president and provincial governments to grant clemency. The Supreme Court bench is now reviewing the scope of these powers in light of the FSC's earlier findings and has requested further assistance to clarify the legal and religious implications.

The outcome of this review could have significant implications for the application of presidential and gubernatorial clemency powers in cases governed by qisas and diyat laws. The bench has not yet issued a final decision and has called for additional input from relevant parties before proceeding further.